What is the test in determining whether a legislative enactment violates the establishment clause of the First Amendment?

California, United States of America


The following excerpt is from City of Chula Vista v. Pagard, 159 Cal.Rptr. 29, 97 Cal.App.3d 627 (Cal. App. 1979):

The test in determining whether a legislative enactment violates the establishment clause of the First Amendment requires a close scrutiny of the very purpose and primary effect of the enactment. If either results in the advancement or inhibition of religion, then the enactment exceeds the scope of the legislative power as circumscribed by the First Amendment. (School District of Abington Tp., Pa. v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844; Braunfeld v. Brown, 366 U.S. 599, 607, 81 S.Ct. 1144, 6 L.Ed.2d 563.)

Further, it must be readily conceded religious instruction, worship in private homes are as much protected as any other activity carried on in private homes. (Cantwell v. State of Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213.)

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